Opinion
2020–09088 Ind. No. 2507/19
03-02-2022
The PEOPLE, etc., respondent, v. Gordon MONTANEZ, appellant.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jean M. Joyce, and Melissa Wachs of counsel), for respondent.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jean M. Joyce, and Melissa Wachs of counsel), for respondent.
FRANCESCA E. CONNOLLY, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, LARA J. GENOVESI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (John T. Hecht, J.), rendered September 22, 2020, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 565–566, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Headley, 197 A.D.3d 1329, 1330, 151 N.Y.S.3d 905 ). The defendant's valid waiver of the right to appeal precludes appellate review of his contention that the mandatory surcharge, DNA databank fee, and crime victim assistance fee should be vacated pursuant to CPL 420.35(2–a) (see People v. Wilson, 168 A.D.3d 889, 890, 89 N.Y.S.3d 919 ; People v. Logan, 125 A.D.3d 688, 999 N.Y.S.2d 753 ).
CONNOLLY, J.P., CHAMBERS, ROMAN and GENOVESI, JJ., concur.